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S03161 Summary:

BILL NOS03161
 
SAME ASSAME AS A05468
 
SPONSORJACKSON
 
COSPNSRCLEARE, HINCHEY, LIU, MAY, MYRIE, PARKER
 
MLTSPNSR
 
Amd §§57.52 & 57.53, Arts & Cul L
 
Moves the Amistad Commission from the department of state to the state education department.
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S03161 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3161
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by  Sens.  JACKSON, CLEARE, HINCHEY, LIU, MAY, MYRIE -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Cultural Affairs, Tourism, Parks and Recreation
 
        AN  ACT  to  amend the arts and cultural affairs law, in relation to the
          Amistad Commission

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  57.52  of  the arts and cultural affairs law, as
     2  added by chapter 404 of the laws of 2005, is amended to read as follows:
     3    § 57.52. Amistad commission; established. 1.  The  Amistad  commission
     4  (commission), so named in honor of the group of enslaved Africans led by
     5  Joseph  Cinque  who, while being transported in eighteen hundred thirty-
     6  nine on a vessel named the Amistad, gained  their  freedom  after  over-
     7  throwing  the  crew and eventually having their case successfully argued
     8  before the United States Supreme Court, is  hereby  created  and  estab-
     9  lished.  The commission shall consist of nineteen members, including the
    10  [secretary of state] commissioner of education or  [his  or  her]  their
    11  designee,  the [commissioner of education] secretary of state or [his or
    12  her] their designee, and the chancellor of the state university  of  New
    13  York  or  [his  or  her] their designee, serving ex officio, and sixteen
    14  public members. Public members shall be  appointed  as  follows:    four
    15  public  members, no more than two of whom shall be of the same political
    16  party, shall be appointed by the temporary president of the senate; four
    17  public members, no more than two of whom shall be of the same  political
    18  party,  shall  be  appointed  by  the speaker of the assembly; and eight
    19  public members, no more than four of whom shall be of the same political
    20  party, shall be appointed by the governor. The appointed  members  shall
    21  be  chosen  with  due  regard to broad ethnic diversity and shall have a
    22  demonstrated educational background in the history of the African  slave
    23  trade  and  slavery in America or the contributions of African-Americans
    24  to our society. The public members shall  be  residents  of  the  state,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03275-02-5

        S. 3161                             2
 
     1  chosen  with  due  regard  to broad geographic representation and ethnic
     2  diversity, who have an interest in the  history  of  the  African  slave
     3  trade  and slavery in America and the contributions of African-Americans
     4  to our society.
     5    1-a.  Any  business  or  other  matter  undertaken or commenced by the
     6  department of state or the secretary of state pertaining to or connected
     7  with the functions, powers, obligations and  duties  of  the  commission
     8  established  pursuant  to  subdivision  one  of  this section are hereby
     9  transferred and assigned to the commissioner of education or the depart-
    10  ment of education and pending on the effective date of this subdivision,
    11  may be conducted and completed by such commissioner or  such  department
    12  in  the same manner and under the same terms and conditions and with the
    13  same effect as if conducted and completed by the department of state  or
    14  the secretary of state.
    15    2.  Each  public  member  of  the commission shall serve for a term of
    16  three years, except that of the initial members so appointed: one member
    17  appointed by the temporary president of the senate, one member appointed
    18  by the speaker of the assembly, and two members appointed by the  gover-
    19  nor  shall  serve  for  terms  of  one year; one member appointed by the
    20  temporary president of the senate, one member appointed by  the  speaker
    21  of the assembly, and three members appointed by the governor shall serve
    22  for terms of two years; and two members appointed by the temporary pres-
    23  ident  of the senate, two members appointed by the speaker of the assem-
    24  bly, and three members appointed by the governor shall serve  for  terms
    25  of three years. Public members shall be eligible for reappointment. They
    26  shall  serve until their successors are appointed and qualified, and the
    27  term of the successor of any incumbent  shall  be  calculated  from  the
    28  expiration of the term of that incumbent. A vacancy occurring other than
    29  by expiration of term shall be filled within forty-five days in the same
    30  manner  as the original appointment but for the unexpired term only.  If
    31  such vacancy is not filled within forty five days, the vacancy shall  be
    32  filled  within  thirty days by the commissioner of education but for the
    33  unexpired term only.
    34    3. The members of the commission shall serve without compensation  but
    35  shall  be  entitled to reimbursement for all necessary expenses incurred
    36  in the performance of their duties.
    37    4. The [secretary of state] commissioner of education, or [his or her]
    38  their designee, shall serve as the chair and the [commissioner of educa-
    39  tion] secretary of state, or [his or her] their designee, shall serve as
    40  the vice-chair of the commission. The presence  of  a  majority  of  the
    41  authorized  membership  of  the  commission  shall  be  required for the
    42  conduct of official business.
    43    5. The department of education shall provide technical assistance  and
    44  data  to  the commission as may be necessary for the commission to carry
    45  out its responsibilities pursuant to this article. The  commissioner  of
    46  education or their designee shall be responsible for hiring the staff of
    47  the commission and shall serve as the liaison between the commission and
    48  the department of education. The commissioner of education may designate
    49  employees of the department of education to provide support and services
    50  to the commission as are reasonably necessary.
    51    §  2.  Subdivisions  2 and 3 of section 57.53 of the arts and cultural
    52  affairs law, as added by chapter 404 of the laws of 2005, are amended to
    53  read as follows:
    54    2. to compile a roster of individual volunteers  who  are  willing  to
    55  share  their  knowledge and experience in classrooms, seminars and work-
    56  shops with students and teachers on the subject  of  the  African  slave

        S. 3161                             3
 
     1  trade,  American slavery and the impact of slavery on our society today,
     2  and the contributions of African-Americans to our country; [and]
     3    3.  to  increase  awareness  and encourage school districts to utilize
     4  curricula on African-American history by:
     5    (a) establishing and administering a  program  to  publicly  recognize
     6  schools  that  do  an  outstanding  job teaching subjects related to the
     7  African-American experience through a designation of special  status  or
     8  other award as determined by the commission; and
     9    (b)  offering  grants to individual teachers who demonstrate exemplary
    10  practices teaching subjects related to the African-American  experience,
    11  as  determined  by  the commission, and the commission shall catalog and
    12  publicize such practices for use by other teachers; and
    13    4. to prepare reports for the governor and the  legislature  regarding
    14  its  findings  and  recommendations on facilitating the inclusion of the
    15  African slave trade, American slavery studies, African-American  history
    16  and special programs in the educational system of the state.
    17    § 3. This act shall take effect immediately.
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